Hattie M. Morgan v. Joint Administration Board, Retirement Plan of the Pillsbury Company and American Federation of Grain Millers, Afl-Cio-Clc
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Circuit Judge.
The plaintiffs appeal from the dismissal for failure to state a claim of their suit under the Americans with Disabilities Act against the administrator of a retirement plan negotiated between their former employer and their union. The plan provides separately for employees who retire upon reaching age 55 or 65 (“early” and “normal” retirees, respectively) and for those including the plaintiffs who retire early because they have become totally disabled from working (“disability” retirees). In 1999 the plan was amended to grant a cost of living increase to early and normal…
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